A. Family Relations Network E (hereinafter “the deceased”) died on June 25, 2015. As the deceased’s heir, F (ma), A (ma), G (3 Women), Plaintiff B (ma), H (Nam), Defendant (3), I (M (4), Plaintiff C (5), and J (N4) are the deceased’s heir.

B. The deceased’s inherited property owned the real estate indicated in the attached list (hereinafter “instant real estate”) and there was no small property at the time of the death.

C. The Defendant completed the registration of ownership transfer under the name of the Defendant on the ground of testamentary gift dated 25, 2015, No. 37054, the receipt number of the Seoul Southern District Court on July 6, 2015, with respect to the instant real estate owned by the deceased.

On June 9, 2017, the instant G, H, and J filed a lawsuit against the Defendant regarding the inherited property including the instant real property, with Seoul Southern District Court 2017Da226593, which was rendered a judgment in favor of the said court on July 5, 2018, and the said judgment became final and conclusive at that time.

【Fact-finding without a dispute over the basis of recognition, Gap evidence 1 through 16, Eul evidence 2, 3, and 8 (including branch numbers, if any; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination as to the cause of action

A. As seen earlier, the Plaintiffs, as co-inheritors of the deceased, may seek the return of the legal reserve of inheritance to the Defendant to the extent of the shortage when there is a shortage of legal reserve of inheritance between the deceased and the Defendant as a result of the legacy of the instant real estate.

B. The ratio of the Plaintiffs, who are lineal descendants of the deceased’s ratio of legal reserve of inheritance, is 1/18 (i.e., the ratio of co-inheritors 1/9 x 1/2).

C. The Korean Civil Act recognizes the system of legal reserve of inheritance and provides for the same in Articles 1112 through 1118, but there are no separate provisions regarding the method of returning legal reserve of inheritance. However, the property subject to inheritance or testamentary gift itself is returned.